A trademark is a design, word, or phrase that identifies and sets one company’s products and services apart from those of competitors. It grants the owner the right to stop others from making use of a similar mark in a manner that might lead to consumer misunderstanding. Then again, is a DBA a trademark? No, is the response. A DBA, or “doing business as,” is nothing more than a business name registration. There are no legal rights granted to the owner of that name.
Although it is feasible, it is not advised to register a trademark on your own. The procedure can be challenging, and any mistakes could end up costing you money and effort. To assist you with the process, it is advisable to contact a trademark attorney. They may assist you with the application process and run a trademark search to be sure the mark you want is available. So, can I use a trademark before filing for registration?
Technically, using a trademark prior to registration is acceptable. This is not advised, though. Without registration, you only have a few legal rights to that name, and if someone else decides to use a mark that is similar to yours, it could be challenging to enforce those rights. It is recommended to hold off on utilizing your trademark in commerce until it has been officially registered.
To sum up, a DBA is not a trademark, and trademark registration is a difficult process that is better left to a trademark lawyer. Although using a trademark prior to registration is technically conceivable, it is not advised. Waiting until your trademark is registered will give you more legal protection and make it simpler to enforce your rights if someone else attempts to use a mark that is confusingly similar to yours.